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Waikato BOP H 4 January 2019 - R 4 - Chair, Mr A Godsalve

Created on 06 January 2019

Rules:
869(3)(b)
Committee:
AGodsalve (chair)
ADooley
Name(s):
Mr N Delany - Junior Driver
Mr Z Butcher - Senior Horseman assisting Mr Delaney
Informant
Mr S Mulcay - Senior Stipendiary Steward
Information Number
A10579
Plea:
Admitted
Charge:
Careless Driving
Evidence:

This charge arose from Race 1, the Grass Track Racing @ Te Aroha January 12 Mbl Pace 2200m. Mr Mulcay submitted an Information alleging that Junior Horseman, Mr N Delany 'drove carelessly early in the run home when allowing his mare (WHATCHAGOT) to shift down inside the marker line'.

Mr Delany was present at the hearing, assisted by Senior Horseman, Mr Z Butcher. Mr Delany confirmed that he understood the Rule and that he wished to admit the breach.

Rule 869(3)(b) provides that 'No horseman in any race shall drive carelessly'.

Using the films Mr Mulcay identified WHATCHAGOT as the field entered the home straight. WHATCHAGOT was trailing the leader and was therefore entitled to access the passing lane. Mr Mulcay pointed out that Mr Delany had activated the plugs, and at about the same time the horse WHATCHAGOT shifted inwards and made contact with a number of marker pegs. He further pointed out that the horse's near side legs were in fact inside the pegs for a considerable distance.

As a result of this inwards movement the horse KAYSAYRAH ran into the gap which had been presented and was alongside WHATCHAGOT. Mr Mulcay stated that he believed that any prudent driver would have reacted quicker to the situation, and that Mr Delany should have touched WHATCHAGOT'S head and corrected it when it ran inwards over the marker pegs. Mr Mulcay added that since KAYSAYRAH was alongside him it presented Mr Delany with a problem in that he could not correct his horse and re-enter the track. KAYSAYRAH eventually finished 4th ahead of WHATCHAGOT which was 5th.

Mr Butcher, for Mr Delany agreed that Mr Delany should have taken action earlier when his horse ran over the pegs. He said that Mr Delany was fairly inexperienced and would, in his opinion, learn from this incident.

Decision:

As Mr Delany has admitted the breach we find the charge proved.

Submission For Penalty:

Mr Mulcay referred to the JCA Penalty Guide which provides a starting point of a fine of $500 or a 10 drive suspension for a breach of this Rule. He said it was to Mr Delany's credit that he had admitted the breach. He added that Mr Delany had been overseas for some time and had only recently commenced driving in New Zealand. He added that Mr Delany had a clear record under this Rule.

Mr Mulcay added that it was a slight aggravating factor that the horse had finished in 5th place and may have finished closer if Mr Delany had taken action earlier to correct its waywardness. He stated that he considered the breach was at the low-mid level on the scale of seriousness and submitted that a fine in the vicinity of $300 may be an appropriate penalty.

Mr Butcher said Mr Delany accepted that he had made a mistake and asked that any fine be at the lower end as Mr Delany did not earn much in his present position as a stablehand and driver.

Reasons For Penalty:

The Committee confirmed that the starting point under the JCA Penalty Guide is a 10 drive suspension or a fine of $500.

We took into account that Mr Delany is a Junior Driver, that he had admitted the breach, and that he had a clear record under this Rule within the previous 12 months. He has had 3 drives in New Zealand this season prior to the drive in the race in question.

We confirm that the breach fell into the low-mid range on the scale and that the horse could have finished in a better position if Mr Delany had been more prudent in handling the situation when WHATCHAGOT ran over the pegs.

The Committee ascertained that other Junior Drivers in a similar position to Mr Delany had been fined in the vicinity of $300 in similar circumstances.

Penalty:

Accordingly the Committee imposed a fine of $300 on Mr Delany.

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